Tuesday, September 24, 2019

Creek. No paddle.

We are not legal experts, but we believe that, more than anything else since June 2016, it is the Supreme Court case against Boris Johnson that will be remembered in the future.

When Parliament gains more powers, history notices. The Magna Carta, the English Civil War, the Great Reform Act in 1832; all led to huge changes in the way this island is governed. The Supreme Court unanimously declared that the Prime Minister has overreached his power, which limits what future Prime Ministers can or cannot do. This implicitly gives Parliament more power, and sets a precedent that the Supreme Court can overrule the Prime Minister's actions.

This is because we have no codified constitution. In most countries, the constitution is the political rulebook, dictating what politicians are able to do, what powers the various branches of government have and where their limits are. In the UK, the rulebook doesn't exist.

Or, rather, it does, but across a sprawling mass of documents, and mostly in the minds of the rule-keepers (the Speaker and their Deputies) and players (MPs and the PM) instead of in one central place. This means the rules are often fluid, changeable, or can even be ignored. Unlike in the US, the Prime Minister could become a dictator if they get enough votes (and if the Queen obliges - but that's a whole other issue).

So Boris Johnson, in trying to limit Parliament's power by shutting up shop for five weeks, has only achieved a muscular extension of Parliamentary sovereignty at his own expense. Aside from the rather satisfying end result this is, future Prime Ministers will curse him for how much harder their jobs have been made. Running the country is an intensely stressful occupation, never mind having to deal with one of the most active parliaments in the world. And now said parliament has suddenly been endowed with new possibilities and freedoms to act against the PM.

He is in trouble. This is not a magistrates court dealing in petty theft. The most intelligent and experienced justices in the country have declared him a criminal - a man who has broken the law. In moral terms, that is a deeply alarming judgement of a figure in No.10. In political terms, that means Johnson is likely to lose support from moderate Conservative MPs and much of the more liberal party membership, plus a swathe of the middle-class at an election. Resignation calls are coming from every quarter; remainers are-invigorated, leavers are demoralised; this is a man in trouble.

Don't write him off yet. Laura Kuenssberg earlier suggested that we must not 'underestimate how aggressive Number 10 might be willing to be in response'. In New York for the United Nations Assembly, Johnson could well fly straight home to start an immediate counter-campaign. He still has options. He still has power.

Yet this is a man who has lost all six of his first Commons votes, broken the law and misled the monarch. His Premiership has not been a success story.

And don't you think he looks tired?


Theo


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